Thus, a bilateral factor will also be Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. the causes of your sciatica. I have 21 pages of VA medical documentation for burning, altered gait, radical symptoms, inability to ambulate, in addition to over 50 days of work missed this year, 2 local ER visits, and 1 VA ER visit. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Therefore, a service connection for back trouble is not unusual. By continuing to use our website, you agree to these updates. Radiculopathy falls under the larger umbrella of neuropathy, which deals with general nerve damage. However, a few years after he was granted service connection, he was diagnosed with radiculopathy of his lower extremities due to his service-connected degenerative disc disease. Do You Qualify for Long Term Disability Benefits? Symptoms In 2019, the US Government Accountability Office (GAO) issued a report which said that the lack of specifics in the rating criteria is leading to unfair and arbitrary decision-making. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Thoracic radiculopathy occurs when a nerve in the upper back is pinched, and people may experience pain in their chest or torso area. Obtaining VA Disability for Radiculopathy. While not all of these are exclusive back pains, they can all point to conditions in the spine that would warrant a higher VA rating. Vets who receive a mailed notice should attend the exam to avoid a claim being denied. Sciatica most often occurs when the sciatic nerve is compressed or pinched, typically by a herniated disk in the spine or an overgrowth of bone on the vertebrae. If you have been honorably discharged and have joint or back pain, you can probably get the minimum 10% rating for a disability. Do I file for Radiculopathy or Sciatica and if Awarded ask for retroactive pay from 2004? Also, explain what you cant do because of that numbness. Veterans may experience a number of debilitating nerve conditions; however, three of the most common include peripheral neuropathy, radiculopathy, and sciatica. We offer this information to our readers as general information only. If you cant stand at work because your legs go numb or if you cant lift weights at the factory because you cant lift your arm, be sure to say that in detail and get it on the record at your exam. Without this firm, I truly believe I would not have gotten all the benefits that I was eligible and entitled to receive. This could have a direct effect on your work if you cant look around while holding a weight. When you apply for VA disability for Cervical or Lumbar Radiculopathy, the key is how much paralysis you experience and how often. If you experienced radiculopathy during military service, you may be eligible for VA benefits for your disability. However, if your sciatica is moderate or You can have crepitation in any joint. Sciatica develops when the pressure on the If you tough it out and move a little extra, you can keep going on that patrol in Iraq. Each of these severities has their own diagnostic code and separate assigned percent ratings under 38 CFR 4.124a, Schedule of ratings - neurological conditions and convulsive disorders. Again, point out any cracks or crunches that your joints make and let your doctor know if you cant make some of the movements because of pain. like coughing. However, its important to note that if a mental disorder or another condition is present thats additional to the sciatica condition (and not caused by it), then that problem can also be rated. Heres a tip: after checking where youd be ranked under sciatica code, check whether you have limited motion of your hip, knee, or ankle. The VA doesn't have a diagnostic code for peripheral neuropathy, so the VA rates the condition based on the nerve(s) involved. In some instances, VA may determine an additional disability examination is still required to complete the claim for disability benefits. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); My name is [K.S]. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Dont hide anything and be explicit and detailed about what hurts and what is numb. When sciatica is serious and severe, it can make life extremely difficult and uncomfortable. Code 8720: See the above sectionSecondary Service Connection for Radiculopathy. rated 60%. The typical symptoms of a radicular condition depend on the location of the affected nerves. Otherwise, the denial stands. Contact Us Radiculopathy is a common service-connected disability caused by a pinched nerve root in either the cervical, thoracic, or lumbar spine. They include, but are not limited to: When a person is suffering from sciatica, they may also find that they experience: As mentioned, such symptoms usually affect one side of the body. Learn how VA rates Veterans' nerve conditions and nerve damage (such as peripheral neuropathy, sciatica, radiculopathy, retinopathy) for disability benefits,. For radiculopathy, relevant evidence relates to any element of the veterans claim. If your mom remembers a before and after, have her talk to our staff to write up a lay statement to back your case. Rating nerve conditions also involves identifying the nerve involved. This website adheres to the W3Cs AA Accessibility guidelines. The most trusted name in education-based resources for Veterans. This is often the result of a herniated disk in the spine or an overgrowth of bone on the vertebrae. For instance, which pages you go to most. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on October 10, 2019 by Neil Woods Last Updated on December 30, 2022. Copy this embed code to share the infographic on your own site. Also, have your boss (or especially your ex-boss if you got fired!) Sciatica is when the sciatic nerve is pinched or pushed on from a disc. Sciatica is extreme pain that radiates This is the rarest form which means it is also the least diagnosed. If you do not allow these cookies, you will experience less targeted advertising. After you have filed your claim for VA disability benefits and the VA adjudicators have decoded that your disability is service connected, the, For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. causes moderate symptoms, it is rated 20%. Examples of in-service incidents may include breaking or dislocating a vertebra or suffering physical back strain while training, operating a weapon, lifting equipment, jumping, or completing other military exercises. Its not much, but its a start. Radiculopathy can have different symptoms and different names depending on where in the spine it occurs. The latter is known asspinal stenosis. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Lay evidence can include the veterans own statements, as well as statements from family members, attesting to the frequency of flare-ups, daily challenges, measures needed to manage the symptoms, loss of sleep, loss of alertness, etc. Once the history of your sciatica has been established, a physical exam will then be completed by a state-certified technician to understand the underlying cause of your sciatica issue. If your long thoracic nerve is affected, however, it will keep you from raising your arm above your shoulder level and will only earn a 30% rating at the worst. Thorough note-taking after the exam can be helpful if the vets representative needs to persuade the VA to overturn a problematic decision on the C&P exam. Back pain doesnt often travel alone. Fill out the short form below to contact us. The general minimum for undiagnosed back pain veterans disability benefits is 10%. The call and the advice we give you on that call are all free. To find out more, view our Privacy Policy. By using our website, you agree to the use of certain cookies. The examiners report to the VA Regional Office (RO), where the decision is made. In such cases, the VA is able to consider certain, Veterans who are seeking an increased rating or service connection for a new disability often ask whether re-opening their file can cause the VA to reduce their existing rating. For instance, which pages you go to most. As such, the report recommended VA create concreate criteria for determining whether neurological impairment related to the spine is mild, moderate, or severe. The typical symptoms of a radicular condition depend on the location of the affected nerves. order to receive the compensation that you deserve. Of course, the words Severe, Moderate, Mild all have vague meanings. He can now file a claim with VA for secondary service connection for his radiculopathy since it was caused by his degenerative disc disease. Developed new symptoms? This could offer a veteran a 60 percent disability rating for their sciatic nerve condition. Radiculopathy Disability for Veterans When the bones in your back lose their cushioning, they rub together and may pinch a nerve. Incomplete, mild paralysis is Radiculopathy is a condition that occurs when the nerves in the spinal cord are damaged, irritated, or compressed. Contacting us does not create an attorney-client relationship. Which limbs are numb or paralyzed and to what extent is how the rating is given. Veterans may be able to claim not only service-connected disability benefits but also secondary service-connection that the Department of Veterans Affairs might have missed. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Thousands of other Veterans in our Community are here for you. Neck pain is a cervical spine problem. These cookies are essential so that you can move around the website and use its features. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. The back pain is rated separately, so you could have a 40% rating on your back, 20% on your right let and 10% on your left leg which would make a combined rating of 60% with the bilateral factor thrown in. If a nerve condition affects both sides of the body (such as both arms or legs), VA should issue a rating for each side and an additional bilateral factor. This nerve runs from the lower back through the hips and buttocks all the way down to the leg. Diagnostic Code 8713 Neuralgia. Youll tilt your head side to side and then you will turn your head to look around. When radiculopathy occurs in the lower back, it is known as lumbar radiculopathy, also referred to as sciatica because nerve roots that make up the sciatic nerve are often involved. You can file a new, secondary service-connection. According to the Mayo Clinic, Sciatica most commonly occurs when a herniated disk, bone spur on the spine or narrowing of the spine (spinal stenosis) compresses part of the nerve. TDIU is a more complex process than just one disability most of the time, so youll have to present your full case to the VA. This benefit compensates veterans at the 100 percent level, even if their combined disability rating does not equal 100 percent. Some patients may require more time to recover than others. Sometimes, there is little to no back pain with radiculopathy. What Does Your VA Disability Rating Mean? This information is made available for educational purposes only and to provide general information and a general understanding of the law. A buddy statement can go a long way as we add it to your evidence. You can look at all of these ratings in more detail by diagnostic code on 38 CFR 4.124a Schedule of ratings neurological conditions and convulsive disorders. You may have another disability like diabetes or arthritis instead, so make sure you get a full physical from a doctor. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Ensure that this occurs properly to make sure you receive a genuine rating. How Do I Establish Service Connection for Sciatica? You could be eligible for up to $3,345 per month In SSDI Benefits Check Eligibility For many people, sciatica can be treated effectively and the symptoms resolve. If your neck crunches or grinds when you turn it in a different direction, make sure your doctor listens to those sounds. This website adheres to the W3Cs AA Accessibility guidelines. While one veteran may have specific symptoms, and the Regional Office finds that they have moderate sciatica, another veteran could have those very same symptoms and be judged as having mild sciatica. Radiculopathy VA Disability Ratings and Benefits, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, nerve root in the spinal column is pinched and becomes inflamed, Secondary Service Connection for Radiculopathy, VA Ratings for Cervical and Lumbar Radiculopathy, Top 5 VA Errors on Veterans Disability Claims, Tingling from the spinal area outward into the hips, legs, shoulders, or arms, Breaking or dislocating a vertebra or suffering physical back strain while training, Was noted in the service persons entrance examination, Got worse during the persons time of service, as shown by medical records such as a comparison of reports on the veterans disability before and during, or soon after, service, Worsened more in service than it would have worsened outside of service. You can download the questionnaire right here to see what kind of questions they are going to ask about your back. To understand the causes of your sciatica, the first stage of the examination will involve you giving a complete history of your pain and symptoms relating to the issue. Most veterans receive a rating of 10 to 20 percent. rating that you can receive is 60%. Technically, the term sciatica usually refers to neuralgia (i.e., sharp pain due to an irritated or damaged nerve) of the sciatic nerve. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. The angle of your flexion for your cervical and thoracolumbar spine areas determines what your rating will be. Fill out the short form below to contact us. Not all doctors know how VA disability applications work, so we have doctors on our staff to review your application before it goes to the VA. Our on-staff doctors know what the VA wants when it comes to granting benefits. This leaves room for many different interpretations and inconsistencies between the Regional Offices, Board of Veterans Affairs judges, and more. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Let us know. first stage will involve getting a complete history of your pain, as well as CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. The pinched nerve can cause pain and discomfort for veterans who experience it, and the pain is often experienced as numbness, tingling, or weakness. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Was the veteran able to go through and explain all the important points about symptoms and experiences? As such, veterans living with sciatica may have trouble with many activities of daily living, including working certain jobs. In your physical exam, a health professional will look at your spinal range of motion, your balance, and posture. Already working with us? If you dont have a service-related back condition, dont worry because you may still be able to get your sciatica service-connected. I have my medical files and here is the following: You may be owed compensation. Two or more service-connected conditions, one of which is rated at 40 percent or higher, with a combined rating of 70 percent or higher. While you should tell the C&P Exam doctor every detail of your symptoms and even bring a written account of when you had symptoms over the past year, there is a time to be quiet. Radiculopathy is a "pinched nerve." Essentially, the spine pinches the root of the nerve. Common symptoms include: Numbness radiating from the spinal area Physical weakness or pain This may also apply if you had existing radiculopathy that was made worse during your time in the service. This. The degree of severity, represented by a percentage, corresponds to the monthly compensation a vet receives. Symptoms of radiculopathy include radiation of pain from the lower back down into the legs, often described as a sharp-shooting, electric pain. Our certified VA Disability lawyer team works with doctors, psychiatrists, and therapists to work through your claim and make sure every inch is covered. sciatica, he or she may experience relief when lying down or when walking, Sciatica can also make it Lumbar is the region of your lower back all the way down to your tailbone.
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